Stevens v. Damon
Supreme Court of Vermont
Book account. The plaintiff claimed to recover an account which accrued in his favor in the year 1852, and up to the 13th of July, 1853, which the auditor allowed with interest at fifty-four dollars and eleven cents, subject to the opinion of the court upon the following facts : On the 17th of July, 1854, the plaintiff commenced an action on book account against the defendant, returnable before Merrit Newhall, a justice of the peace, at Kirby, on the 25th of August…
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Book account. The plaintiff claimed to recover an account which accrued in his favor in the year 1852, and up to the 13th of July, 1853, which the auditor allowed with interest at fifty-four dollars and eleven cents, subject to the opinion of the court upon the following facts : On the 17th of July, 1854, the plaintiff commenced an action on book account against the defendant, returnable before Merrit Newhall, a justice of the peace, at Kirby, on the 25th of August following, demanding in damages the sum of one hundred dollars. At the return day of the writ the parties appeared and took a…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
The judgment rendered in the suit commenced on the 17th of July, 1854, embraced that portion of the plaintiff’s account which accrued between July 13, 1853, and June, 1854. The whole of the defendant’s account was pleaded in offset and adjudicated in that action. This suit is mow brought to recover a previous account, which accrued in the years 1852 and 1853, but which was not presented or allowed in the former suit between these parties. The auditor has found that this account is reasonable and just, and that it has never been paid. It is…
2Cases cited3 opinions
- McLaughlin v. HillSupreme Court of Vermont · 1834
- Warren v. Town of NewfaneSupreme Court of Vermont · 1853
- Fargo v. RemingtonSupreme Court of Vermont · 1834
3Cited by4 opinions
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
- Bushee v. AllenSupreme Court of Vermont · 1859
- Bacon v. ReichMichigan Supreme Court · 1899
- Bacon v. ReichMichigan Supreme Court · 1899